[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4367 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 95
118th CONGRESS
   1st Session
                                H. R. 4367

                          [Report No. 118-123]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2024, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2023

 Mr. Joyce of Ohio from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2024, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2024, and for other purposes, namely:

                                TITLE I

   DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND 
                               OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $279,606,000; of which 
$5,000,000 shall remain available until September 30, 2025:  Provided, 
That $5,000,000 shall be withheld from obligation until the Secretary 
submits, to the Committees on Appropriations of the House of 
Representatives and the Senate, responses to all questions for the 
record for each hearing on the fiscal year 2025 budget submission for 
the Department of Homeland Security held by such Committees prior to 
July 1:  Provided further, That $25,000,000 shall be withheld from 
obligation until the Secretary submits the reports required by 
subsection (g) of section 1092 of the National Defense Authorization 
Act for Fiscal Year 2017 (6 U.S.C. 223) and subsection (b) of section 
386 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1368).

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, $1,695,326,000:  Provided, That not to exceed $2,000 shall 
be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $127,758,000, to remain 
available until September 30, 2026.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service.

           Intelligence, Analysis, and Situational Awareness

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Homeland Security Situational Awareness for 
operations and support, $348,736,000, of which $105,701,000 shall 
remain available until September 30, 2025:  Provided, That not to 
exceed $3,825 shall be for official reception and representation 
expenses and not to exceed $2,000,000 is available for facility needs 
associated with secure space at fusion centers, including improvements 
to buildings.

                      Office of Inspector General

                         operations and support

    For necessary expenses of the Office of Inspector General for 
operations and support, $228,371,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report not later than October 15, 2024, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2023 or 2024.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the House of Representatives and the Senate not 
later than February 15, 2025.
    Sec. 102.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a monthly budget and staffing report 
that includes total obligations of the Department for that month and 
for the fiscal year at the appropriation and program, project, and 
activity levels, by the source year of the appropriation.
    Sec. 103. (a) The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the House of Representatives and the Senate of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code, from the Department of the Treasury 
Forfeiture Fund to any agency within the Department of Homeland 
Security.
    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the House of 
Representatives and the Senate are notified of the proposed transfer.
    Sec. 104.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 105. (a) The Under Secretary for Management shall brief the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than 45 days after the end of each fiscal quarter on 
all Level 1 and Level 2 acquisition programs on the Master Acquisition 
Oversight list between Acquisition Decision Event and Full Operational 
Capability, including programs that have been removed from such list 
during the preceding quarter.
    (b) For each such program, the briefing described in subsection (a) 
shall include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition;
            (2) the total number of units, as appropriate, to be 
        acquired annually until procurement is complete under the 
        current acquisition program baseline;
            (3) the Acquisition Review Board status, including--
                    (A) the current acquisition phase by increment, as 
                applicable;
                    (B) the date of the most recent review; and
                    (C) whether the program has been paused or is in 
                breach status;
            (4) a comparison between the initial Department-approved 
        acquisition program baseline cost, schedule, and performance 
        thresholds and objectives and the program's current such 
        thresholds and objectives, if applicable;
            (5) the lifecycle cost estimate, adjusted for comparison to 
        the Future Years Homeland Security Program, including--
                    (A) the confidence level for the estimate;
                    (B) the fiscal years included in the estimate;
                    (C) a breakout of the estimate for the prior five 
                years, the current year, and the budget year;
                    (D) a breakout of the estimate by appropriation 
                account or other funding source; and
                    (E) a description of and rationale for any changes 
                to the estimate as compared to the previously approved 
                baseline, as applicable, and during the prior fiscal 
                year;
            (6) a summary of the findings of any independent 
        verification and validation of the items to be acquired or an 
        explanation for why no such verification and validation has 
        been performed;
            (7) a table displaying the obligation of all program funds 
        by prior fiscal year, the estimated obligation of funds for the 
        current fiscal year, and an estimate for the planned carryover 
        of funds into the subsequent fiscal year;
            (8) a listing of prime contractors and major 
        subcontractors; and
            (9) narrative descriptions of risks to cost, schedule, or 
        performance that could result in a program breach if not 
        successfully mitigated.
    (c) The Under Secretary for Management shall submit each approved 
Acquisition Decision Memorandum for programs described in this section 
to the Committees on Appropriations of the House of Representatives and 
the Senate not later than five business days after the date of approval 
of such memorandum by the Under Secretary for Management or the 
designee of the Under Secretary.
    Sec. 106. (a) None of the funds made available to the Department of 
Homeland Security in this Act or prior appropriations Acts may be 
obligated for any new pilot or demonstration unless the component or 
office carrying out such pilot or demonstration has documented the 
information described in subsection (c).
    (b) Prior to the obligation of any such funds made available for 
``Operations and Support'' for a new pilot or demonstration, the Under 
Secretary for Management shall provide a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
information described in subsection (c).
    (c) The information required under subsections (a) and (b) for a 
pilot or demonstration shall include the following--
            (1) documented objectives that are well-defined and 
        measurable;
            (2) an assessment methodology that details--
                    (A) the type and source of assessment data;
                    (B) the methods for, and frequency of, collecting 
                such data; and
                    (C) how such data will be analyzed; and
            (3) an implementation plan, including milestones, cost 
        estimates, and implementation schedules, including a projected 
        end date.
    (d) Not later than 90 days after the date of completion of a pilot 
or demonstration described in subsection (e) the Under Secretary for 
Management shall provide a report to the Committees on Appropriations 
of the House of Representatives and the Senate detailing lessons 
learned, actual costs, any planned expansion or continuation of the 
pilot or demonstration, and any planned transition of such pilot or 
demonstration into an enduring program or operation.
    (e) For the purposes of this section, a pilot or demonstration 
program is a study, demonstration, experimental program, or trial 
that--
            (1) is a small-scale, short-term experiment conducted in 
        order to evaluate feasibility, duration, costs, or adverse 
        events, and improve upon the design of an effort prior to 
        implementation of a larger scale effort; and
            (2) uses more than 10 full-time equivalents or obligates, 
        or proposes to obligate, $5,000,000 or more, but does not 
        include congressionally directed programs or enhancements and 
        does not include programs that were in operation as of December 
        29, 2022.
    (f) For the purposes of this section, a pilot or demonstration does 
not include any testing, evaluation, or initial deployment phase 
executed under a procurement contract for the acquisition of 
information technology services or systems, or any pilot or 
demonstration carried out by a non-federal recipient under any 
financial assistance agreement funded by the Department.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
alien minors; the provision of air and marine support to Federal, 
State, local, and international agencies in the enforcement or 
administration of laws enforced by the Department of Homeland Security; 
at the discretion of the Secretary of Homeland Security, the provision 
of such support to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts; the purchase and lease 
of up to 7,500 (6,500 for replacement only) police-type vehicles; the 
purchase, maintenance, or operation of marine vessels, aircraft, and 
unmanned aerial systems; and contracting with individuals for personal 
services abroad; $16,241,678,000; of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant to 
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $700,000,000 shall 
be available until September 30, 2025; and of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:  
Provided, That not to exceed $34,425 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations:  Provided further, That not to exceed 
$2,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security.

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
physical barriers, marine vessels, aircraft, and unmanned aerial 
systems, $2,965,653,000, of which $741,885,000 shall remain available 
until September 30, 2026; and of which $2,223,768,000 shall remain 
available until September 30, 2028.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units, including stipends for members of such units; and 
maintenance, minor construction, and minor leasehold improvements at 
owned and leased facilities; $9,758,297,000; of which not less than 
$6,000,000 shall remain available until expended for efforts to enforce 
laws against forced child labor; of which $46,696,000 shall remain 
available until September 30, 2025; of which not less than $2,000,000 
is for paid apprenticeships for participants in the Human Exploitation 
Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 
shall be available for investigation of intellectual property rights 
violations, including operation of the National Intellectual Property 
Rights Coordination Center; and of which not less than $5,310,547,000 
shall be for enforcement, detention, and removal operations, including 
transportation of unaccompanied alien minors:  Provided, That not to 
exceed $11,475 shall be for official reception and representation 
expenses:  Provided further, That not to exceed $10,000,000 shall be 
available until expended for conducting special operations under 
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):  
Provided further, That not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security:  Provided further, 
That not to exceed $11,216,000 shall be available to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled aliens unlawfully present in 
the United States:  Provided further, That not less than $2,000,000 
shall be for entering into new agreements for the delegation of law 
enforcement authority authorized under section 287(g) of the 
Immigration and Nationality Act:  Provided further, That funding made 
available under this heading shall maintain a level of not less than 
41,500 detention beds through September 30, 2024.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $50,520,000, of which 
$35,420,000 shall remain available until September 30, 2026, and of 
which $15,100,000 shall remain available until September 30, 2028.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $10,118,131,000, of which 
$600,000,000 shall remain available until September 30, 2025:  
Provided, That not to exceed $7,650 shall be for official reception and 
representation expenses:  Provided further, That security service fees 
authorized under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections and shall 
be available only for aviation security:  Provided further, That the 
sum appropriated under this heading from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2024 so as to result in a final fiscal year 
appropriation from the general fund estimated at not more than 
$7,498,131,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$130,340,000, to remain available until September 30, 2026.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $33,532,000, to remain 
available until September 30, 2025.

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and 
support including the Coast Guard Reserve; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvements of boats necessary for overseas 
deployments and activities; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $10,222,488,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
which $20,000,000 shall remain available until September 30, 2026; of 
which $24,717,000 shall remain available until September 30, 2028, for 
environmental compliance and restoration; and of which $100,000,000 
shall remain available until September 30, 2025, which shall only be 
available for vessel depot level maintenance:  Provided, That not to 
exceed $23,000 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $1,981,194,000, to remain available until September 
30, 2028; of which $20,000,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $7,476,000, to remain available until 
September 30, 2026, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,147,244,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use; hire of passenger motor vehicles; 
purchase of motorcycles made in the United States; hire of aircraft; 
rental of buildings in the District of Columbia; fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control, as may be necessary to perform 
protective functions; conduct of and participation in firearms matches; 
presentation of awards; conduct of behavioral research in support of 
protective intelligence and operations; payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,949,463,000; of which $114,599,000 shall remain available until 
September 30, 2025, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $30,000,000 may be for calendar year 2023 premium 
pay in excess of the annual equivalent of the limitation on the rate of 
pay contained in section 5547(a) of title 5, United States Code, 
pursuant to section 2 of the Overtime Pay for Protective Services Act 
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in criminal investigations within 
the jurisdiction of the United States Secret Service.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $61,098,000, to remain 
available until September 30, 2026.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $4,217,000, to remain available until 
September 30, 2025.

                       Administrative Provisions

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2024'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the headings ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico and the U.S. 
Virgin Islands, in addition to funding provided by sections 740 and 
1406i of title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204. (a) For an additional amount for ``U.S. Customs and 
Border Protection--Operations and Support'', $31,000,000, to remain 
available until expended, to be reduced by amounts collected and 
credited to this appropriation in fiscal year 2024 from amounts 
authorized to be collected by section 286(i) of the Immigration and 
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of 
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 
114-125), or other such authorizing language.
    (b) To the extent that amounts realized from such collections 
exceed $31,000,000, those amounts in excess of $31,000,000 shall be 
credited to this appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206. (a) Notwithstanding any other provision of law, none of 
the funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels.
    (b) The Secretary shall notify the Committees on Appropriations of 
the House of Representatives and the Senate, the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate 
within 2 business days of any request for waivers of navigation and 
vessel-inspection laws pursuant to section 501(b) of title 46, United 
States Code, with respect to such transportation, and the disposition 
of such requests.
    Sec. 207. (a) Beginning on the date of enactment of this Act, the 
Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) In this section, the term ``border crossing fee'' means a fee 
that every pedestrian, cyclist, and driver and passenger of a private 
motor vehicle is required to pay for the privilege of crossing the 
Southern border or the Northern border at a land port of entry.
    Sec. 208. (a) Not later than 90 days after the date of enactment of 
this Act, the Commissioner of U.S. Customs and Border Protection shall 
submit an expenditure plan for any amounts made available for ``U.S. 
Customs and Border Protection--Procurement, Construction, and 
Improvements'' in this Act and prior Acts to the Committees on 
Appropriations of the House of Representatives and the Senate.
    (b) No such amounts provided in this Act may be obligated prior to 
the submission of such plan.
    Sec. 209.  Section 211 of the Department of Homeland Security 
Appropriations Act, 2021 (division F of Public Law 116-260), 
prohibiting the use of funds for the construction of fencing in certain 
areas, shall apply with respect to funds made available in this Act in 
the same manner as such section applied to funds made available in that 
Act.
    Sec. 210. (a) Funds made available in this Act may be used to alter 
operations within the National Targeting Center of U.S. Customs and 
Border Protection.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts that remain available for obligation or expenditure 
in fiscal year 2024, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
components funded by this Act, may be used to reduce anticipated or 
planned vetting operations at existing locations unless specifically 
authorized by a statute enacted after the date of enactment of this 
Act.
    Sec. 211. (a) Of the total amount made available under ``U.S. 
Customs and Border Protection--Procurement, Construction, and 
Improvements'', $2,965,653,000 shall be available only as follows:
            (1) $2,104,000,000 for the acquisition and deployment of 
        physical barriers;
            (2) $276,000,000 for the acquisition and deployment of 
        border security technologies;
            (3) $305,400,000 for trade and travel assets and 
        infrastructure;
            (4) $119,768,000 for facility construction and 
        improvements;
            (5) $123,232,000 for integrated operations assets and 
        infrastructure; and
            (6) $37,253,000 for mission support and infrastructure.
    (b) None of the funds allocated for pedestrian physical barriers 
may be made available for any purpose other than the construction of 
steel bollard pedestrian barrier built at least 18 to 30 feet in 
effective height and augmented with anti-climb and anti-dig features.
    (c) None of the funds allocated for pedestrian physical barriers 
may be made available for any purpose other than construction of 
pedestrian barriers consistent with the description in subsection (b) 
at locations identified in the Border Security Improvement Plan 
submitted to Congress on August 1, 2020.  
    (d) The Commissioner of U.S. Customs and Border Protection may 
reprioritize the construction of physical barriers outlined in the 
Border Security Improvement Plan and, with prior approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate, add additional miles of pedestrian physical barriers where no 
such barriers exist, prioritized by operational requirements developed 
in coordination with U.S. Border Patrol leadership.
    (e) The Secretary of Homeland Security shall begin to obligate 
amounts for physical barrier construction no later than 120 days after 
the date of enactment of this Act.
    (f) For purposes of this section, the term ``effective height'' 
refers to the height above the level of the adjacent terrain features.
    Sec. 212.  None of the funds appropriated or otherwise made 
available by this Act may be obligated, expended, or transferred to 
another Federal agency, board, or commission to be used to dismantle, 
demolish, remove, or damage existing United States-Mexico physical 
barriers at any location where such barriers have been constructed as 
of the date of enactment of this Act unless such barrier is 
simultaneously being repaired or replaced.
    Sec. 213.  None of the funds appropriated or otherwise made 
available by this Act may be made available to utilize the U.S. Customs 
and Border Protection CBP One Application, or any successor 
application, to facilitate the parole of any alien into the United 
States.
    Sec. 214.  None of the funds appropriated or otherwise made 
available by this Act may be made available to reduce participation in 
or substantively diminish the delegation of law enforcement authority 
authorized under section 287(g) of the Immigration and Nationality Act, 
except as provided in section 215 of this Act.
    Sec. 215.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 216. (a) None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 217.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, the Secretary may reprogram 
within and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' as necessary to ensure the 
detention of aliens prioritized for removal.
    Sec. 218.  The reports required to be submitted under section 216 
of the Department of Homeland Security Appropriations Act, 2021 
(division F of Public Law 116-260) shall continue to be submitted 
semimonthly and each matter required to be included in such reports by 
such section 216 shall apply in the same manner and to the same extent 
during the period described in such section 216.
    Sec. 219.  The terms and conditions of section 217 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall apply to this Act.
    Sec. 220.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
or otherwise carry out the activities and policies described in the 
memorandum issued by the Secretary of Homeland Security on September 
30, 2021, entitled ``Guidelines for the Enforcement of Civil 
Immigration Law'' or described in the memorandum issued by Kerry Doyle, 
Immigration and Customs Enforcement Principal Legal Advisor on April 3, 
2022, entitled ``Guidance to OPLA Attorneys Regarding the Enforcement 
of Civil Immigration Laws and the Exercise of Prosecutorial 
Discretion'' or any successor or similar memorandum or policy.
    Sec. 221. (a) None of the funds appropriated or otherwise made 
available by this Act may be made available to transport aliens 
unlawfully present in, paroled into, or inadmissible to the United 
States into the interior of the United States for purposes other than 
enforcement of the immigration laws (as such term is defined in section 
101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
    (b) The limitation under subsection (a) shall not apply with 
respect to amounts made available to transport unaccompanied alien 
children (as such term is defined in section 462 of the Homeland 
Security Act of 2002 (6 U.S.C. 279)).
    Sec. 222. (a) None of the funds appropriated or otherwise made 
available by this Act for ``U.S. Immigration and Customs Enforcement'' 
may be used to pay for or facilitate an abortion, except where the life 
of the mother would be endangered if the fetus would be carried to 
term, or in the case of rape or incest.
    (b) None of the funds appropriated or otherwise made available by 
this Act for ``U.S. Immigration and Customs Enforcement'' may be used 
to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 223.  None of the funds appropriated or otherwise made 
available by this Act may be made available to administer hormone 
therapy medication or perform or facilitate any surgery for any person 
in custody of U.S. Immigration and Customs Enforcement for the purpose 
of gender-affirming care.
    Sec. 224.  The Secretary of Homeland Security shall allocate 
amounts appropriated or otherwise made available under the heading 
``U.S. Immigration and Customs Enforcement--Operations and Support'' by 
this Act in order to--
            (1) prioritize detention by using such amounts to ensure 
        that the average daily population of detainees is maintained at 
        the full capacity funded by this Act throughout the fiscal 
        year; and
            (2) ensure that every alien on the non-detained docket is 
        enrolled into the Alternatives to Detention Program with 
        mandatory GPS monitoring throughout the duration of all 
        applicable immigration proceedings (including any appeals) and 
        until removal, if ordered removed.
    Sec. 225.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 226.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2024, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 227.  Not later than 45 days after the submission of the 
President's budget proposal, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations and Homeland Security in the House of Representatives 
and the Committees on Appropriations and Commerce, Science, and 
Transportation of the Senate a single report that fulfills the 
following requirements:
            (1) a Capital Investment Plan, both constrained and 
        unconstrained, that includes a plan for continuous and 
        sustained capital investment in new, and the replacement of 
        aged, transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening 
        Technologies report as required by the Senate Report 
        accompanying the Department of Homeland Security Appropriations 
        Act, 2019 (Senate Report 115-283).
    Sec. 228.  None of the funds made available under the heading 
``Transportation Security Administration--Operations and Support'' may 
be made available for the purpose of implementation of any structural 
pay reform that would alter the pay structure in place as of October 1, 
2022, for any employee that is not a Transportation Security Officer.
    Sec. 229. (a) None of the funds made available by this Act under 
the heading ``Coast Guard--Operations and Support'' shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
owners of yachts and credited to the appropriation made available by 
this Act under the heading ``Coast Guard--Operations and Support''.
    (b) To the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 230.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, after June 30, in accordance 
with the notification requirement described in subsection (b) of such 
section, up to the following amounts may be reprogrammed within ``Coast 
Guard--Operations and Support''--
            (1) $10,000,000 to or from the ``Military Personnel'' 
        funding category; and
            (2) $10,000,000 between the ``Field Operations'' funding 
        subcategories.
    Sec. 231.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 232.  None of the funds in this Act shall be used to reduce 
the Coast Guard's legacy Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 233.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 234.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any civil engineering unit unless 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 235.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2024 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code, and shall be 
in addition to funds otherwise available for such purposes.
    Sec. 236. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act shall be used 
to charge a fee for an inspection of a towing vessel, as defined in 46 
CFR 136.110, that utilizes the Towing Safety Management System option 
for a Certificate of Inspection issued under subchapter M of title 46, 
Code of Federal Regulations.
    (b) Subsection (a) shall not apply after the date the Commandant of 
the Coast Guard makes a determination under section 815(a) of the Frank 
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) 
and, as necessary based on such determination, carries out the 
requirements of section 815(b) of such Act.
    Sec. 237.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from executive 
agencies, as defined in section 105 of title 5, United States Code, for 
personnel receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under the heading 
``United States Secret Service--Operations and Support'' at the end of 
the fiscal year.
    Sec. 238. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) The Director of the United States Secret Service may enter into 
agreements to provide such protection on a fully reimbursable basis.
    Sec. 239.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 240.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the House of 
Representatives and the Senate 10 or more days in advance, or as early 
as practicable, prior to such expenditures.
    Sec. 241.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
or otherwise carry out the policies described in the directive issued 
by the Acting Commissioner of U.S. Customs and Border Protection on 
January 10, 2023, entitled ``Emergency Driving and Vehicular 
Pursuits'', or any successor or similar directive or policy.
    Sec. 242.  None of the funds appropriated or otherwise made 
available by this Act may be made available to admit an alien into the 
United States based on a Department of Homeland Security Form I-20 
(Certificate of Eligibility for Nonimmigrant Student Status) issued by 
a college, university, or other institution of higher education that is 
not accredited by a nationally recognized accrediting agency or 
association recognized by the Secretary of Education pursuant to part H 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099a et 
seq.).
    Sec. 243.  None of the funds appropriated or otherwise made 
available by this Act may be made available to parole into the 
Commonwealth of the Northern Mariana Islands, for the purpose of 
temporary visit for business or pleasure without a visa, an alien who 
is a national of the People's Republic of China.
    Sec. 244.  None of the funds appropriated or otherwise made 
available by this Act or previous appropriations Acts under the heading 
``Coast Guard--Procurement, Construction, and Improvements'' that 
remain available for obligation in fiscal year 2024 within the 
Waterways Commerce Cutter Program may be used to enter into or carry 
out a procurement contract with any entity deemed not eligible for an 
award from a size standpoint by the Small Business Administration.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $2,370,963,000, of which 
$24,424,000 shall remain available until September 30, 2025:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses: Provided further, That $5,000,000 shall be 
withheld from obligation until the reports and briefings directed under 
this heading in the explanatory statement accompanying Public Law 117-
103 have been submitted to the Committees on Appropriations of the 
House of Representatives and the Senate.

              procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$553,537,000, to remain available until September 30, 2026.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $1,791,000, to remain 
available until September 30, 2025.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,521,248,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $119,137,000, of which 
$81,637,000 shall remain available until September 30, 2026, and of 
which $37,500,000 shall remain available until September 30, 2028.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,742,460,342, which shall be allocated as 
follows:
            (1) $530,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $100,000,000 shall be for Operation 
        Stonegarden and $15,000,000 shall be for Tribal Homeland 
        Security Grants under section 2005 of the Homeland Security Act 
        of 2002 (6 U.S.C. 606):  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2024, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $615,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604).
            (3) $315,000,000 for the Nonprofit Security Grant Program 
        under section 2009 of the Homeland Security Act of 2002 (6 
        U.S.C. 609a), of which $157,500,000 is for eligible recipients 
        located in high-risk urban areas that receive funding under 
        section 2003 of such Act and $157,500,000 is for eligible 
        recipients that are located outside such areas:  Provided, That 
        eligible recipients are those described in section 2009(b) of 
        such Act (6 U.S.C. 609a(b)) or are an otherwise eligible 
        recipient at risk of a terrorist or other extremist attack.
            (4) $105,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $2,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (5) $100,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (6) $720,000,000, to remain available until September 30, 
        2025, of which $360,000,000 shall be for Assistance to 
        Firefighter Grants and $360,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (7) $355,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (8) $312,750,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (9) $12,000,000 for Regional Catastrophic Preparedness 
        Grants.
            (10) $130,000,000 for the emergency food and shelter 
        program under title III of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11331), to remain available until 
        September 30, 2025:  Provided, That not to exceed 3.5 percent 
        shall be for total administrative costs.
            (11) $40,000,000 for the Next Generation Warning System.
            (12) $181,223,342 for Community Project Funding grants, 
        which shall be for the purposes, and the amounts, specified in 
        the table entitled ``Homeland Security--Community Project 
        Funding'' in the report accompanying this Act, of which--
                    (A) $65,627,263, in addition to amounts otherwise 
                made available for such purpose, is for emergency 
                operations center grants under section 614 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5196c); and
                    (B) $115,596,079, in addition to amounts otherwise 
                made available for such purpose, is for pre-disaster 
                mitigation grants under section 203 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5133(e), notwithstanding subsections (f), 
                (g), and (l) of that section (42 U.S.C. 5133(f), (g), 
                (l)).
            (13) $326,487,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$20,406,341,000, to remain available until expended, of which 
$20,261,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) and is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $239,983,000, to remain available until September 30, 2025, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $18,917,000 shall be available for mission support 
associated with flood management; and of which $221,066,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 2024, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) in excess of--
            (1) $230,504,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,300,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(e)), shall be deposited in the National Flood Insurance Fund to 
supplement other amounts specified as available for section 1366 of the 
National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

    Sec. 301. (a) The Director of the Cybersecurity and Infrastructure 
Security Agency (or the Director's designee) shall provide the 
briefings to the Committees on Appropriations of the House of 
Representatives and the Senate described under the heading ``Quarterly 
Budget and Staffing Briefings'' in the explanatory statement for 
division F of Public Law 117-103 described in section 4 in the matter 
preceding division A of such Public Law--
            (1) with respect to the first quarter of fiscal year 2024, 
        not later than the later of 30 days after the date of enactment 
        of this Act or January 30, 2024; and
            (2) with respect to each subsequent fiscal quarter in 
        fiscal year 2024, not later than 21 days after the end of each 
        such quarter.
    (b) In the event that any such briefing required during this fiscal 
year under subsection (a) is not provided, the amount made available in 
title III to the Cybersecurity and Infrastructure Security Agency under 
the heading ``Operations and Support'' shall be reduced by $50,000 for 
each day of noncompliance with subsection (a), and the amount made 
available under such heading and specified in the detailed funding 
table in the report accompanying this Act for Mission Support shall be 
correspondingly reduced by an equivalent amount.
    Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (5) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the recipient for expenses 
directly related to administration of the grant.
    (b) The authority provided in subsection (a) shall also apply to a 
state recipient for the administration of a grant under such paragraph 
(3).
    Sec. 303.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (5), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 304. (a) Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(5) and (9), the Administrator of the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the House of 
Representatives and the Senate 5 full business days in advance of 
announcing publicly the intention of making an award.
    (b) If any such public announcement is made before 5 full business 
days have elapsed following such briefing, $1,000,000 of amounts 
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
    Sec. 305.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 306.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), related to reporting on the Disaster 
Relief Fund, shall be applied in fiscal year 2024 with respect to 
budget year 2025 and current fiscal year 2024, respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2025'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 307.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency may grant waivers from the requirements in 
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) 
of section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a).
    Sec. 308. (a) The aggregate charges assessed during fiscal year 
2024, as authorized in title III of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security to be necessary for its Radiological Emergency Preparedness 
Program for the next fiscal year.
    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) Such fees shall be deposited in a Radiological Emergency 
Preparedness Program account as offsetting collections and will become 
available for authorized purposes on October 1, 2024, and remain 
available until expended.
    Sec. 309.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Assistance to Firefighter 
Grants, the Administrator of the Federal Emergency Management Agency 
may waive subsection (k) of section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229).

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support of the E-Verify Program, $111,865,000:  
Provided, That such amounts shall be in addition to any other amounts 
made available for such purposes, and shall not be construed to require 
any reduction of any fee described in section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)).

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $361,398,000, of which $66,665,000 shall remain available 
until September 30, 2025:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Law Enforcement Training 
Centers for procurement, construction, and improvements, $20,100,000, 
to remain available until September 30, 2028, for acquisition of 
necessary additional real property and facilities, construction and 
ongoing maintenance, facility improvements and related expenses of the 
Federal Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $333,632,000, of which $206,548,000 shall remain 
available until September 30, 2025:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate 
for procurement, construction, and improvements, $58,466,000, to remain 
available until September 30, 2028.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $444,545,000, to remain available until 
September 30, 2026.

             Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for operations and support, $164,315,000, of which 
$69,364,000 shall remain available until September 30, 2025:  Provided, 
That not to exceed $2,250 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for procurement, construction, and improvements, 
$42,338,000, to remain available until September 30, 2026.

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $64,201,000, to remain 
available until September 30, 2026.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $142,885,000, to remain 
available until September 30, 2026.

                       Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such 
vehicles to travel between the employees' residences and places of 
employment.
    Sec. 402.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 403.  Notwithstanding any other provision of law, any Federal 
funds made available to U.S. Citizenship and Immigration Services may 
be used for the collection and use of biometrics taken at a U.S. 
Citizenship and Immigration Services Application Support Center that is 
overseen virtually by U.S. Citizenship and Immigration Services 
personnel using appropriate technology.
    Sec. 404.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
or enforce the rule entitled ``Procedures or Credible Fear Screening 
and Consideration of Asylum, Withholding of Removal, and CAT Protection 
Claims by Asylum Officers'' (87 Fed. Reg. 18078).
    Sec. 405.  None of the funds appropriated or otherwise made 
available by this Act may be made available to issue any employment 
authorization document or similar document to any alien whose 
application for asylum in the United States has been denied, or who is 
convicted of a Federal or State crime while his or her application for 
asylum in the United States is pending.
    Sec. 406. (a) Section 214(g)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows: 
``(A) Subject to subparagraphs (B) and (C), an alien shall be 
considered a returning worker and shall not again be counted toward the 
numerical limitation of paragraph (1)(B) during fiscal year 2024 if 
such alien has already been counted toward such numerical limitation 
during any of the 3 preceding fiscal years.''.
    (b) The amendment made by this section shall apply on and after 
October 1, 2023.
    Sec. 407.  In fiscal year 2024, nonimmigrants shall be admitted to 
the United States under section 101(a)(l5)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.
    Sec. 408.  Notwithstanding section 286(n) of the Immigration and 
Nationality Act (8 U.S.C. 1356(n)), the Director of U.S. Citizenship 
and Immigration Services may use not more than $5,000 of the amounts 
deposited in the Immigration Examinations Fee Account for official 
reception and representation expenses in fiscal year 2024.
    Sec. 409.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 410.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 411. (a) The Director of the Federal Law Enforcement Training 
Centers may accept transfers to its ``Procurement, Construction, and 
Improvements'' account from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy 
Act (31 U.S.C. 1535(b)).
    (b) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such 
facilities.
    Sec. 412.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2024, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2024 for the 
        Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 30 days in advance 
of such transfer, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations based upon 
an initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts that remain available for 
obligation in the current year.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security: Provided, That the Secretary shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate at least 5 days in advance of such transfer.
    Sec. 504. (a) Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.
    Sec. 505. (a) Except as otherwise specifically provided by law, not 
to exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2024, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2025, 
from appropriations for ``Operations and Support'' for fiscal year 2024 
in this Act shall remain available through September 30, 2025, in the 
account and for the purposes for which the appropriations were 
provided.
    (b) Prior to the obligation of such funds, a notification shall be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 503 of this 
Act.
    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2024 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2024.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Situational Awareness--Operations and 
Support'' that exceed the amounts in such authorization for such 
account shall be transferred to and merged with amounts made available 
under the heading ``Management Directorate--Operations and Support''.
    (c) Prior to the obligation of any funds transferred under 
subsection (b), the Management Directorate shall brief the Committees 
on Appropriations of the House of Representatives and the Senate on a 
plan for the use of such funds.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
House of Representatives and the Senate at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation or grant in 
        excess of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a multiple award 
        contract, or to issue a letter of intent totaling in excess of 
        $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award 
        items under paragraph (1), (2), (3), or (4), including a 
        contract covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
House of Representatives and the Senate not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers' facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 522 and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) For purposes of subsection (a), the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the House of 
Representatives and the Senate may not delegate such authority to 
perform that act unless specifically authorized herein.
    Sec. 516.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 517.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 518.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 519. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, territorial, or local law 
enforcement agency or any other entity carrying out criminal 
investigations, prosecution, or adjudication activities.
    Sec. 520.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 521. (a) None of the funds made available in this Act may be 
used to pay for the travel to or attendance of more than 50 employees 
of a single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate within at least 10 days of that determination and the basis for 
that determination.
    (b) For purposes of this section the term ``international 
conference'' shall mean a conference occurring outside of the United 
States attended by representatives of the United States Government and 
of foreign governments, international organizations, or nongovernmental 
organizations.
    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station within the United States shall not be 
counted for purposes of this section, and the prohibition contained in 
this section shall not apply to payments for the costs of attendance 
for such employees.
    Sec. 522.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 523. (a) None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for the 
implementation of any structural pay reform or the introduction of any 
new position classification that will affect more than 100 full-time 
positions or costs more than $5,000,000 in a single year before the end 
of the 30-day period beginning on the date on which the Secretary of 
Homeland Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current fiscal 
        year and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) for a structural pay reform, an analysis of 
        compensation alternatives to such change that were considered 
        by the Department.
    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied 
        or restricted in this Act.
    Sec. 524. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the House of Representatives and the Senate in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the House of Representatives and the Senate for not 
less than 45 days except as otherwise specified in law.
    Sec. 525. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 526.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2024.
    Sec. 527. (a) None of the funds appropriated or otherwise made 
available to the Department of Homeland Security by this Act may be 
used to prevent any of the following persons from entering, for the 
purpose of conducting oversight, any facility operated by or for the 
Department of Homeland Security used to detain or otherwise house 
aliens, or to make any temporary modification at any such facility that 
in any way alters what is observed by a visiting Member of Congress or 
such designated employee, compared to what would be observed in the 
absence of such modification:
            (1) A Member of Congress.
            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such 
        a Member for the purposes of this section.
    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) With respect to individuals described in subsection (a)(2), the 
Department of Homeland Security may require that a request be made at 
least 24 hours in advance of an intent to enter a facility described in 
subsection (a).
    Sec. 528. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain 
available until September 30, 2025, exclusively for providing 
reimbursement of extraordinary law enforcement or other emergency 
personnel costs for protection activities directly and demonstrably 
associated with any residence of the President that is designated or 
identified to be secured by the United States Secret Service.
    (b) Subsections (b) through (f) of section 534 of the Department of 
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall 
be applied with respect to amounts made available by subsection (a) of 
this section by substituting ``October 1, 2024'' for ``October 1, 
2018'' and ``October 1, 2023'' for ``October 1, 2017''.
    Sec. 529. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
woman in the custody of the Department of Homeland Security (including 
during transport, in a detention facility, or at an outside medical 
facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a 
restraint belt that constricts the area of the pregnancy. A pregnant 
woman who is immobilized by restraints shall be positioned, to the 
maximum extent feasible, on her left side.
    Sec. 530. (a) None of the funds made available by this Act may be 
used to destroy any document, recording, or other record pertaining to 
any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by
an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 531.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to any Federal 
funds in the same manner as such section applied to funds made 
available in that Act.
    Sec. 532. (a) Not later than 10 days after the date on which the 
budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105(a) of title 31, United States Code, the Under 
Secretary for Management of Homeland Security shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report on the unfunded priorities, for the Department of 
Homeland Security and separately for each departmental component, for 
which discretionary funding would be classified as budget function 050.
    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) a summary description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (2) the description, including the objectives to be 
        achieved if such priority is funded (whether in whole or in 
        part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.
    (c) In this section, the term ``unfunded priority'', in the case of 
a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with 
        an operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget 
                was formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.
    Sec. 533. (a) Not later than 10 days after a determination is made 
by the President to evaluate and initiate protection under any 
authority for a former or retired Government official or employee, or 
for an individual who, during the duration of the directed protection, 
will become a former or retired Government official or employee 
(referred to in this section as a ``covered individual''), the 
Secretary of Homeland Security shall submit a notification to 
congressional leadership and the Committees on Appropriations of the 
House of Representatives and the Senate, the Committees on the 
Judiciary of the House of Representatives and the Senate, the Committee 
on Homeland Security of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, and the 
Committee on Oversight and Reform of the House of Representatives 
(referred to in this section as the ``appropriate congressional 
committees'').
    (b) Such notification may be submitted in classified form, if 
necessary, and in consultation with the Director of National 
Intelligence or the Director of the Federal Bureau of Investigation, as 
appropriate, and shall include the threat assessment, scope of the 
protection, and the anticipated cost and duration of such protection.
    (c) Not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension 
or termination and any change to the threat assessment to the 
congressional leadership and the appropriate congressional committees.
    (d) Not later than 45 days after the date of enactment of this Act, 
and quarterly thereafter, the Secretary shall submit a report to the 
congressional leadership and the appropriate congressional committees, 
which may be submitted in classified form, if necessary, detailing each 
covered individual, and the scope and associated cost of protection.
    Sec. 534. (a) None of the funds provided to the Department of 
Homeland Security in this or any prior Act may be used by an agency to 
submit an initial project proposal to the Technology Modernization Fund 
(as authorized by section 1078 of subtitle G of title X of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)) 
unless, concurrent with the submission of an initial project proposal 
to the Technology Modernization Board, the head of the agency--
            (1) notifies the Committees on Appropriations of the House 
        of Representatives and the Senate of the proposed submission of 
        the project proposal;
            (2) submits to the Committees on Appropriations a copy of 
        the project proposal; and
            (3) provides a detailed analysis of how the proposed 
        project funding would supplement or supplant funding requested 
        as part of the Department's most recent budget submission.
    (b) None of the funds provided to the Department of Homeland 
Security by the Technology Modernization Fund shall be available for 
obligation until 15 days after a report on such funds has been 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate.
    (c) The report described in subsection (b) shall include--
            (1) the full project proposal submitted to and approved by 
        the Fund's Technology Modernization Board;
            (2) the finalized interagency agreement between the 
        Department and the Fund including the project's deliverables 
        and repayment terms, as applicable;
            (3) a detailed analysis of how the project will supplement 
        or supplant existing funding available to the Department for 
        similar activities;
            (4) a plan for how the Department will repay the Fund, 
        including specific planned funding sources, as applicable; and
            (5) other information as determined by the Secretary.
    Sec. 535.  Within 60 days of any budget submission for the 
Department of Homeland Security for fiscal year 2025 that assumes 
revenues or proposes a reduction from the previous year based on user 
fees proposals that have not been enacted into law prior to the 
submission of the budget, the Secretary of Homeland Security shall 
provide the Committees on Appropriations of the House of 
Representatives and the Senate specific reductions in proposed 
discretionary budget authority commensurate with the revenues assumed 
in such proposals in the event that they are not enacted prior to 
October 1, 2024.
    Sec. 536.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 537.  No Federal funds made available to the Department of 
Homeland Security may be used to enter into a procurement contract, 
memorandum of understanding, or cooperative agreement with, or make a 
grant to, or provide a loan or guarantee to, any entity identified 
under section 1260H of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any 
subsidiary of such entity.
    Sec. 538.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 539. (a) The Secretary of Homeland Security (in this section 
referred to as the ``Secretary'') shall, on a bimonthly basis beginning 
immediately after the date of enactment of this Act, develop estimates 
of the number of migrants anticipated to arrive at the southwest border 
of the United States.
    (b) The Secretary shall ensure that, at a minimum, the estimates 
developed pursuant to subsection (a)--
            (1) cover the current fiscal year and the following fiscal 
        year;
            (2) include a breakout by demographics, to include single 
        adults, family units, and unaccompanied children;
            (3) undergo an independent validation and verification 
        review;
            (4) are used to inform policy planning and budgeting 
        processes within the Department of Homeland Security; and
            (5) are included in the budget materials submitted to 
        Congress in support of the President's annual budget request 
        pursuant to section 1105 of title 31, United States Code, for 
        each fiscal year beginning after the date of enactment of this 
        Act and, for such budget materials shall include--
                    (A) the most recent bimonthly estimates developed 
                pursuant to subsection (a);
                    (B) a description and quantification of the 
                estimates used to justify funding requests for 
                Department programs related to border security, 
                immigration enforcement, and immigration services;
                    (C) a description and quantification of the 
                anticipated workload and requirements resulting from 
                such estimates; and
                    (D) a confirmation as to whether the budget 
                requests for impacted agencies were developed using the 
                same estimates.
    (c) The Secretary shall share the bimonthly estimates developed 
pursuant to subsection (a) with the Secretary of Health and Human 
Services, the Attorney General, the Secretary of State, and the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 540.  None of the funds appropriated or otherwise made 
available by this Act may be made available to establish or support the 
activities of:
            (1) a Disinformation Governance Board at the Department of 
        Homeland Security, or any other entity carrying out similar 
        activities relating to mis-, dis-, or mal-information in a 
        similar manner or to a similar extent to such a Board; or
            (2) any entity responsible, directly or indirectly, under 
        color of countering mis-, dis-, or mal-information or 
        otherwise, for instructing, influencing, directing, or 
        recommending that private companies censor, prohibit, or 
        obstruct lawful and constitutionally protected speech of United 
        States persons on social media platforms, including by--
                    (A) terminating speakers' accounts;
                    (B) temporarily suspending accounts;
                    (C) imposing warnings or strikes against accounts 
                to stop future speech;
                    (D) ``shadowbanning'' speakers;
                    (E) demonetizing content or speakers;
                    (F) adjusting algorithms to suppress or deemphasize 
                speakers or messages;
                    (G) deboosting speakers or content;
                    (H) promoting or demoting content;
                    (I) placing warning labels or explanatory notes on 
                content;
                    (J) suppressing content in other users' feeds;
                    (K) promoting negative comments on disfavored 
                content;
                    (L) requiring additional click-through(s) to access 
                content; or
                    (M) any other such methods.
    Sec. 541.  None of the funds appropriated or otherwise made 
available by this Act may be made available to require an employee of 
the Department of Homeland Security to receive a vaccination against 
COVID-19.
    Sec. 542.  None of the funds appropriated or otherwise made 
available by this Act may be made available to administer, implement, 
or enforce the rules entitled ``Amended Order Implementing Presidential 
Proclamation on Advancing the Safe Resumption of Global Travel During 
the COVID-19 Pandemic'' (87 Fed. Reg. 20405 et seq.) or ``Notification 
of Temporary Travel Restrictions Applicable to Land Ports of Entry and 
Ferries Service Between the United States and Mexico'' (87 Fed. Reg. 
24041) (or any successor rules).
    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be made available to:
            (1) classify or facilitate the classification of any 
        communications by a United States person as mis-, dis-, or mal-
        information; or
            (2) partner with or fund nonprofit or other organizations 
        that in any way instruct, influence, direct, or recommend that 
        private companies in any way censor, prohibit, or obstruct 
        lawful and constitutionally protected speech of United States 
        persons on social media platforms, including by--
                    (A) terminating speakers' accounts;
                    (B) temporarily suspending accounts;
                    (C) imposing warnings or strikes against accounts 
                to stop future speech;
                    (D) ``shadowbanning'' speakers;
                    (E) demonetizing content or speakers;
                    (F) adjusting algorithms to suppress or deemphasize 
                speakers or messages;
                    (G) deboosting speakers or content;
                    (H) promoting or demoting content;
                    (I) placing warning labels or explanatory notes on 
                content;
                    (J) suppressing content in other users' feeds;
                    (K) promoting negative comments on disfavored 
                content;
                    (L) requiring additional click-through(s) to access 
                content; or
                    (M) any other such methods.
    (b) Any officer or employee of the Federal Government whose salary 
is funded by this Act and who conducts any activity described in 
subsections (a)(1) or (a)(2) shall be removed from the Federal service.
    Sec. 544.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
or enforce the rule related to ``Circumvention of Lawful Pathways'' (88 
Fed. Reg. 11704).
    Sec. 545.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
apply, enforce, or carry out the Equity Action Plan of the Department 
of Homeland Security, or Executive Order 13985 of January 20, 2021 (86 
Fed. Reg. 7009, relating to advancing racial equity and support for 
under-served communities through the federal government), Executive 
Order 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to 
diversity, equity, inclusion, and accessibility in the federal 
workforce), Executive Order 14091 of February 16, 2023 (88 Fed. Reg. 
10825 relating to further advancing racial equity and support for 
underserved communities through the federal government) or any program, 
project, or activity that promotes or advances Critical Race Theory or 
any concept associated with Critical Race Theory.
    Sec. 546.  None of the funds appropriated or otherwise made 
available by this Act under the heading ``Office of the Secretary and 
Executive Management--Operations and Support'' may be made available 
for the purpose of paying counsel outside the Federal Government--
            (1) before the date on which all funds provided in section 
        211(a)(1) of this Act are obligated; and
            (2) to prepare for or defend against impeachment.
    Sec. 547. (a) None of the funds appropriated or otherwise made 
available by this Act may be made available to be used to purchase, 
maintain, or continue to operate any Unmanned Aircraft Systems that are 
manufactured in the People's Republic of China or a country identified 
as a foreign adversary in the Annual Threat Assessment of the U.S. 
Intelligence Community or by an entity domiciled in the People's 
Republic of China or a country identified as a foreign adversary in the 
most recent Annual Threat Assessment of the U.S. Intelligence 
Community.
    (b) Nothing in subsection (a) shall limit the use of funds for 
counterintelligence, research and development, test and evaluation, or 
counter Unmanned Aircraft System mitigation efforts, including the 
activities of the Coast Guard authorized by section 8414 of Public Law 
116-283 (14 U.S.C. 1156 note).
    Sec. 548. (a) Section 538 of the Department of Homeland Security 
Appropriations Act, 2022 (division F of Public Law 117-103) is 
amended--
            (1) in subsection (b), by striking ``may'' and inserting 
        ``shall''; and
            (2) by striking subsection (d) and inserting the following:
                    ``(d) Amounts in the Fund may not be obligated 
                until after the date on which the Act making full-year 
                appropriations for the Department of Homeland Security 
                for the applicable fiscal year is enacted into law, 
                subject to subsection (e).
                    ``(e) The Committees on Appropriations of the House 
                of Representatives and the Senate shall be notified at 
                least 15 days in advance of the planned use of 
                funds.''.
    (b) The amendments made by this section shall apply to amounts 
transferred under such section 538 on or after the date of enactment of 
this Act.
    Sec. 549. (a) None of the funds appropriated or otherwise made 
available by this Act or any other Act shall be used to execute an 
inspection of any detention facility that is in a contractual agreement 
with U.S. Immigration and Customs Enforcement for the provision of 
detention services within six months of a previous inspection of such 
facility.
    (b) Subsection (a) shall not apply with respect to inspections 
executed by the Office of Inspector General.
    Sec. 550. (a) None of the funds appropriated or otherwise made 
available by this Act or any other Act shall be used to execute an 
inspection of any detention facility that is in a contractual agreement 
with U.S. Immigration and Customs Enforcement for the provision of 
detention services, except solely for compliance with the terms, 
conditions, and standards found within the National Detention Standards 
2019 for U.S. Immigration and Customs Enforcement.
    (b) Subsection (a) shall take effect for detention facilities 
operating under existing contracts, as of the date of enactment of this 
Act, not later than 180 days after the date of enactment of this Act.
    Sec. 551.  None of the funds appropriated or otherwise made 
available by this Act shall be used to admit an alien, who is a 
national of the Republic of Chile, under section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), until the Secretary of Homeland 
Security verifies that the Republic of Chile provides access to 
appropriate criminal databases and the Department of Homeland Security 
screens Chilean nationals against such criminal databases.
    Sec. 552. (a) In general.--Notwithstanding section 7 of title 1, 
United States Code, section 1738C of title 28, United States Code, or 
any other provision of law, none of the funds provided by this Act, or 
previous appropriations Acts, shall be used in whole or in part to take 
any discriminatory action against a person, wholly or partially, on the 
basis that such person speaks, or acts, in accordance with a sincerely 
held religious belief, or moral conviction, that marriage is, or should 
be recognized as, a union of one man and one woman.
    (b) Discriminatory action defined.--As used in subsection (a), a 
discriminatory action means any action taken by the Federal Government 
to--
            (1) alter in any way the Federal tax treatment of, or cause 
        any tax, penalty, or payment to be assessed against, or deny, 
        delay, or revoke an exemption from taxation under section 
        501(a) of the Internal Revenue Code of 1986 of, any person 
        referred to in subsection (a);
            (2) disallow a deduction for Federal tax purposes of any 
        charitable contribution made to or by such person;
            (3) withhold, reduce the amount or funding for, exclude, 
        terminate, or otherwise make unavailable or deny, any Federal 
        grant, contract, subcontract, cooperative agreement, guarantee, 
        loan, scholarship, license, certification, accreditation, 
        employment, or other similar position or status from or to such 
        person;
            (4) withhold, reduce, exclude, terminate, or otherwise make 
        unavailable or deny, any entitlement or benefit under a Federal 
        benefit program, including admission to, equal treatment in, or 
        eligibility for a degree from an educational program, from or 
        to such person; or
            (5) withhold, reduce, exclude, terminate, or otherwise make 
        unavailable or deny access or an entitlement to Federal 
        property, facilities, educational institutions, speech fora 
        (including traditional, limited, and nonpublic fora), or 
        charitable fundraising campaigns from or to such person.
    (c) Accreditation; Licensure; Certification.--The Federal 
Government shall consider accredited, licensed, or certified for 
purposes of Federal law any person that would be accredited, licensed, 
or certified, respectively, for such purposes but for a determination 
against such person wholly or partially on the basis that the person 
speaks, or acts, in accordance with a sincerely held religious belief 
or moral conviction described in subsection (a).

                         (rescissions of funds)

    Sec. 553.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985:
            (1) $800,000 from unobligated balances available in the 
        ``Office of the Secretary and Executive Management--Operations 
        and Support'' account (70 23/24 0100).
            (2) $4,100,000 from the unobligated balances available in 
        the ``Management Directorate--Office of the Chief Information 
        Officer and Operations'' account (70 X 0113).
            (3) $1,473,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Procurement, 
        Construction, and Improvements'' account (70 X 0532).
            (4) $1,842,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Border Security 
        Fencing, Infrastructure, and Technology'' account (70 X 0533).
            (5) $452,000 from the unobligated balances available in the 
        ``U.S. Customs and Border Protection--Air and Marine 
        Interdiction, Operations, Maintenance, and Procurement'' 
        account (70 X 0544).
            (6) $1,159,000,000 from the unobligated balances available 
        under the heading ``U.S. Customs and Border Protection--
        Procurement, Construction, and Improvements'' of the amounts 
        provided by Public Law 116-93 for the construction of barrier 
        system along the southwest border.
            (7) $945,000,000 from the unobligated balances available 
        under the heading ``U.S. Customs and Border Protection--
        Procurement, Construction, and Improvements'' of the amounts 
        provided by Public Law 116-260 for the construction of barrier 
        system along the southwest border.
            (8) $3,000,000 from the unobligated balances available in 
        the ``U.S. Immigration and Customs Enforcement--Operations and 
        Support'' account (70 23/24 0540).
            (9) $2,092,841 from the unobligated balances available in 
        the ``U.S. Immigration and Customs Enforcement--Operations and 
        Support'' account (70 X 0540).
            (10) $10,439 from the unobligated balances available in the 
        ``U.S. Immigration and Customs Enforcement--Automation 
        Modernization'' account (70 X 0543).
            (11) $154,515,000 from the unobligated balances available 
        under the heading ``Transportation Security Administration--
        Operations and Support'' of the amounts provided by Public Law 
        117-328.
            (12) $22,600,000 from the unobligated balances available in 
        the ``Coast Guard--Acquisition, Construction, and 
        Improvements'' account (70 X 0613).
            (13) $3,500,000 from the unobligated balances available in 
        the ``Cybersecurity and Infrastructure Security Agency--
        Procurement, Construction, and Improvements'' account (70 23/27 
        0412).
            (14) $2,000,000 from the unobligated balances available in 
        the ``Cybersecurity and Infrastructure Security Agency--
        Research and Development'' account (70 23/24 0805).
            (15) $5,821,000 from the unobligated balances available in 
        the ``Federal Emergency Management Agency--National Predisaster 
        Mitigation Fund'' account (70 X 0716).
            (16) $800,000 from the unobligated balances available in 
        the ``Federal Law Enforcement Training Centers--Procurement, 
        Construction, and Improvements'' account (70 20/24 0510).
            (17) $900,000 from the unobligated balances available in 
        the ``Science and Technology Directorate--Operations and 
        Support'' account (70 X 0800).
            (18) $388,522 from the unobligated balances available in 
        the ``Countering Weapons of Mass Destruction Office--Research 
        and Development'' account (70 22/24 0860).
            (19) $11,478 from the unobligated balances available in the 
        ``Countering Weapons of Mass Destruction Office--Research and 
        Development'' account (70 X 0860).
    Sec. 554.  Of the unobligated balances of amounts made available 
under section 70001 of Public Law 117-169, $312,000,000 are hereby 
rescinded.
    Sec. 555.  Of the unobligated balances of amounts made available in 
the Department of Homeland Security Nonrecurring Expenses Fund (70 X 
1914), $3,800,000 are hereby rescinded.

                       spending reduction account

    Sec. 556.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2024''.
                                                  Union Calendar No. 95

118th CONGRESS

   1st Session

                               H. R. 4367

                          [Report No. 118-123]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2024, and for other purposes.

_______________________________________________________________________

                             June 27, 2023

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed